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Introduced Version House Concurrent Resolution 72 History

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Key: Green = existing Code. Red = new code to be enacted

HOUSE CONCURRENT RESOLUTION 72

(By Delegates  Lavender-Bowe, Walker, Estep-Burton, Staggers, S. Brown, Zukoff, Fleischauer, Longstreth, Storch, Rowan and Graves)

[Introduced February 10, 2020]

 

Urging the United States Congress to extend the ratification deadline for the purpose of amending the Constitution of the United States of America to include the Equal Rights Amendment.

Whereas, The Equal Rights Amendment is a proposed amendment to the Constitution of the United States, guaranteeing equal legal rights to all American citizens, regardless of sex; and

Whereas, The Equal Rights Amendment was first proposed in 1943 and passed the United States House of Representatives and United States Senate on March 22, 1972; and

Whereas, Within 48 hours of its congressional passage, six states had ratified the proposed amendment; and

Whereas, The State of West Virginia became the 14th state to ratify the Equal Rights Amendment on April 22, 1972; and

Whereas, Thirty-seven States have ratified the amendment with the Commonwealth of Virginia becoming the thirty-eighth state to ratify said amendment on January 15, 2020; and

Whereas, Article V of the Constitution of the United States requires an article of amendment proposed to the state in that joint resolution shall be valid to all intents and purposes as part of the Constitution whenever ratified by the Legislatures of three-fourths of the several States; and

Whereas, The United States Congress established an original ratification deadline of March 22, 1979; and

Whereas, When the March 22, 1979 deadline approached, the proposed Equal Rights Amendment was still three States short of the three-fourths required for ratification outlined in Article V; and

Whereas, On October 2, 1978, the United States Congress formally adopted a resolution, amending the ratification deadline, extending it to June 30, 1982; and

Whereas, The action by the United States Congress, demonstrated that Congress had the authority to modify an amendment’s time limit to maintain its validity; and

Whereas, In accordance with the traditional ratification process outlined in Article V of the Constitution, the Equal Rights Amendment has been reintroduced in every session of Congress since 1982; and

Whereas, The State of West Virginia, reaffirms its commitment to equality, which is expressed in the state’s motto, “Montani Semper Liberi;” and

Whereas, Extending the ratification deadline for the Equal Rights Amendment would permit states to freely consider the article of amendment proposed; and

Whereas, The State of West Virginia intends to affirm its support of the continuing ratifications considered together with all others passed, pending, and future applications until such time as two thirds of the several States have ratified the Equal Rights Amendment; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby urges Congress to support the declaration by Congress that the Equal Rights Amendment shall be valid to all intents and purposes as part of the Constitution whenever ratified by the Legislatures of three-fourths of the several States; and, be it

Further Resolved, That the Clerk of the House forward copies of this resolution to the President of the United States; the Vice President of the United States in his capacity as presiding officer of the United States Senate; the Speaker of the United States House of Representatives; the Minority Leader of the United States House of Representatives; the President Pro Tempore of the United States Senate; to each Senator and Representative from West Virginia in the Congress of the United States with the respectful request that the full and complete text of this resolution be printed in the Congressional Record.

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